Chapter 5 – Promises of Marriage Law

What is this act about?

This law abolishes the power of courts to force people to go through with promises or contracts of marriage. Instead, it provides a way for someone who has been wronged by a broken marriage promise to seek financial compensation.

Who it applies to: Any person who makes a promise or enters into a contract of marriage; Any person who is injured by the breach of such a promise or contract.

At a glance

Country: Malta
Area of law: Social security
Articles: 3
Source: legislation.mt
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The inability of courts to compel specific performance of marriage promises or contracts.
The right to sue for damages if a promise or contract of marriage is broken.
The types of damages that can be recovered in such a lawsuit.
The process for appealing court decisions related to these cases.

Who does this act apply to?

Any person who makes a promise or enters into a contract of marriage.
Any person who is injured by the breach of such a promise or contract.

What are the key points?

Courts in Malta cannot force someone to marry if they have promised to do so (Section 2).
If a promise or contract of marriage is broken, the injured party can sue for damages (Section 3(1)).
Damages can include actual losses and costs, plus a reasonable sum for compensation, determined by the court (Section 3(2)).
The court will consider the character and station in life of the parties, and all other circumstances, when deciding on compensation (Section 3(2)).

Social security

Chapter 520 – Collective Proceedings (Competition) Act

Chapter 285 – Children and Young Persons (Care Orders) Act

Chapter 412 – Oil Pollution (Liability and Compensation) Act

Chapter 492 – Voluntary Organisations Act

Chapter 108 – Witnesses (Fees) Ordinance

Chapter 26 – Investment of Certain Moneys Ordinance

Chapter 58 – Widows’ and Orphans’ Pensions Act

Chapter 34

Social security

Legal text

Contents (3)

Art. 1
Art. 2
Art. 3

PROMISES OF MARRIAGE

CHAPTER 5

PROMISES OF MARRIAGE LAW To abolish the power of the courts to order the specific performance of promises and contracts of marriage, and to provide another remedy for the breach thereof. (28th June, 1834) * Enacted by PROCLAMATION No. VI of 1834.

Art. 1

This Proclamation may be cited as the Promises of Marriage Law.

Short title.

Art. 2

No court in Malta shall have jurisdiction, power, or authority, to compel, adjudge, decree or order any person specifically to perform or complete any promise of marriage made to another, or any contract or agreement entered into with another for the solemnization of marriage.

Courts not to have power to order specific performance of promises of marriage.

Art. 3

3.(1) Nevertheless, if any person competent by law to enter into obligations, or any person who is not so competent from being under paternal or other lawful authority or limitation, but who acts with the consent duly granted of the person or persons in whom such authority is legally vested, shall make or enter into any such promise, contract, or agreement as hereinbefore mentioned, and shall wilfully and unlawfully commit a breach thereof, or shall, after making or entering into such promise, contract, or agreement, have unlawfully refused to perform the same within a reasonable time, after request made, (of the reasonableness of which time the court shall be the competent judge), the party injured shall be entitled to maintain an action for damages against the party guilty of such breach or non-performance, in such manner, and subject to the same rules, as are by law prescribed, for the recovery of damages for the breach of any other promise, contract, or agreement.

Action for damages.

(2)In any such action the party injured shall be entitled to recover, over and above and in addition to such damages and costs as may have been actually suffered and be due, according to law, such a reasonable sum of money, in compensation for the injury suffered, as to the court in its discretion, having regard to the character and station in life of the parties as well as to all other circumstances of the case, shall seem meet, and as the court on the trial of the cause, shall award and assess.

(3)An appeal shall lie from any decision of the court in the same manner and subject to the same rules as are by law prescribed in regard to appeals from judgments or decrees relating to a breach of any other promise, contract, or agreement. *Published on the 2nd of July, 1834, Government Gazette No.1224.

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.